A single judge of Patna High Court directed to enhance Maintenance amount at 5% annually.
From Paras 16-20,
16. However, I find that undisputedly the petitioner-husband was getting monthly salary of Rs. 30,000/- at the time of filing the maintenance petition and out of Rs. 30,000/-, award of Rs. 15,000/- per month towards maintenance is excessive.
17. Hence, the impugned order is modified by reducing the amount of maintenance @ Rs. 9,500/- per month, payable by the husband to his wife since the date of filing the maintenance petition.
18. However, this rate of maintenance will be subject to increment @ 5% per annum from today. In other words, after one year from today, the amount of the maintenance will be increased by 5% of maintenance and this increment will keep going on in the month of February every year and this maintenance will be permissible to the wife till she remarries.
19. The husband is having higher salary at present. But the number of dependents has also increased, because he has one additional legally wedded wife and one daughter born out of the wedlock with the new wife and as per statement of the learned counsel for the petitioner-husband, even second child is expected in a few months. Hence, increment of maintenance @ 5% per annum would be sufficient in the interest of justice.
20. It further transpires that during the pendency of this petition, petitioner-husband has made some payment. Hence, the petitioner-husband is also directed to pay up the whole arrear amount after setting off the payment already made towards maintenance, within the next two months by way of bank draft. In case, the arrear is not paid, it will be treated as a contempt of Court and the petitioner-husband would be dealt with accordingly.
Index of Maintenance Judgments under Sec 144 BNSS is here.
